Strength of Trademarks

Analysis

When it comes to developing a brand, whether it is a new business or an existing business looking to roll out new products, service names or slogans, the underlying challenge of selecting a trademark that is both legally protectable and marketable remains.

When it comes to identifying trademarks, there a number of categories to consider. Often, trademarks fall within one of the below categories, fanciful and arbitrary marks being the strongest, suggestive trademarks falling somewhere in the middle, descriptive trademarks being weaker but sometimes protectable, and generic trademarks being unprotectable under the trademark law.

Fanciful trademarks   

A fanciful trademark is made-up, invented for the sole purpose of functioning as a trademark; it can also be referred to a coined term.  Words in such marks are entirely invented and do not refer to anything else. By way of example, a trademark such as Kodak is a good example of a fanciful trademark. 

Arbitrary Trademarks